31-2417. LIABILITY FOR NEGLECT. (1) If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:
(a) Neglects or refuses without any legal basis to record such instrument, paper or notice within a reasonable time after receiving the same; or
(b) Records any instruments, papers or notices untruly, or in any other manner than as hereinbefore directed; or
(c) Neglects or refuses to keep in his office such indexes as are required by this chapter, or to make the proper entries therein; or
(d) Alters, changes or obliterates any records deposited in his office or inserts any new matter therein.
He is liable to the party aggrieved for the amount of the damages which may be occasioned thereby.
(2) Under no circumstances shall a recorder be liable for the release of any recorded information pursuant to a request and payment of fees.
History:
[(31-2417) 1863, p. 475, sec. 77; R.S., sec. 2033; reen. R.C. & C.L., sec. 2076; C.S., sec. 3649; I.C.A., sec. 30-1917; am. 1989, ch. 90, sec. 9, p. 214; am. 2005, ch. 243, sec. 7, p. 760.]